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Senate Study Bill 1160 - IntroducedA Bill ForAn Act 1relating to political and campaign ethics, including
2the reporting of certain gifts and bequests received by the
3executive branch and attribution statements on published
4materials, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 8.7, Code 2019, is amended to read as
2follows:
38.7 Reporting of gifts and bequests received.
4All gifts and bequests with a value of fifty dollars or
5more received by a department or accepted by the governor on
6behalf of the state shall be reported within twenty days of
7receiving the gift or bequest to the Iowa ethics and campaign
8disclosure board and the general assembly’s standing committees
9on government oversight, using the board’s internet reporting
10system. The Iowa ethics and campaign disclosure board shall,
11by January 31 of each year, submit to the fiscal services
12division of the legislative services agency a written report
13listing all gifts and bequests received during the previous
14calendar year with a value over one thousand dollars and the
15purpose for each such gift or bequest. The submission shall
16also include a listing of all gifts and bequests received by a
17department from a person if the cumulative value of all gifts
18and bequests received by the department from the person during
19the previous calendar year exceeds one thousand dollars, and
20the Iowa ethics and campaign disclosure board shall include, if
21available, the purpose for each such gift or bequest. However,
22the reports on gifts or bequests filed by the state board of
23regents and the Iowa state fair board pursuant to section 8.44
24shall be deemed sufficient to comply with the requirements of
25this section.
26 Sec. 2. Section 68A.405, subsection 1, paragraph a,
27unnumbered paragraph 1, Code 2019, is amended to read as
28follows:
29For purposes of this subsection section:
30 Sec. 3. Section 68A.405, subsection 1, paragraph a,
31subparagraph (3), Code 2019, is amended to read as follows:
32(3) “Published material” means any newspaper, magazine,
33shopper, outdoor advertising facility, poster, direct mailing,
34brochure, internet site, campaign sign, or any other form of
35printed or electronic general public political advertising.
-1-1“Published material” includes television, video, or motion
2picture advertising, automated telephone calls, or text
3messages.
4 Sec. 4. Section 68A.405, subsection 1, paragraph h, Code
52019, is amended to read as follows:
6h. (1) If Except as provided in subparagraph (2), if the
7published material is the result of an independent expenditure
8subject to section 68A.404, the published material shall
9include a statement that the published material was not
10authorized by any candidate, candidate’s committee, or ballot
11issue committee.
12(2) Published material that is the result of an expenditure
13by a political party, as defined in section 43.2, designed to
14expressly advocate the nomination, election, or defeat of a
15candidate for public office shall include the words “published
16on behalf of” and the name of the political party’s candidate
17for that office.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to political and campaign ethics,
22including the gift-reporting requirements of the executive
23branch and attribution statement requirements on published
24materials.
25Currently, all gifts and bequests received by a department
26or accepted by the governor on behalf of the state are required
27to be reported to the Iowa ethics and campaign disclosure board
28and the general assembly’s standing committees on government
29oversight. Each year, the board is required to submit a report
30to the legislative services agency listing all of the gifts and
31bequests received during the previous year with a value of over
32$1,000 as well as all gifts and bequests a department receives
33from a person if the cumulative value of the gifts and bequests
34from the person to the department exceeds $1,000 during the
35previous calendar year.
-2- 1The bill limits the reporting requirement to gifts and
2bequests with a value of $50 or more. The bill requires the
3recipient reports to the board to be filed electronically
4within 20 days of receiving the gift or bequest using the
5board’s internet reporting system. The bill eliminates
6the filing requirement with the general assembly’s standing
7committees on government oversight.
8Under Code chapter 68A (campaign finance), published
9material designed to expressly advocate the nomination,
10election, or defeat of a candidate for public office or the
11passage or defeat of a ballot issue is required to include an
12attribution statement indicating who is responsible for the
13published material. The bill adds automated telephone calls
14and text messages to the definition of “published material”.
15The bill also requires published material that is published
16by a political party to state that it is published on behalf
17of that party’s candidate for an office if the published
18material expressly advocates the nomination, election,
19or defeat of a candidate for that office. A person who
20violates a provision of Code chapter 68A is subject to civil
21penalties imposed by the Iowa ethics and campaign disclosure
22board, including remedial action, a reprimand, and a civil
23penalty of up to $2,000. In addition, a person who willfully
24violates a provision of Code chapter 68A is guilty of a
25serious misdemeanor. A serious misdemeanor is punishable by
26confinement for no more than one year and a fine of at least
27$315 but not more than $1,875.
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2the reporting of certain gifts and bequests received by the
3executive branch and attribution statements on published
4materials, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 8.7, Code 2019, is amended to read as
2follows:
38.7 Reporting of gifts and bequests received.
4All gifts and bequests with a value of fifty dollars or
5more received by a department or accepted by the governor on
6behalf of the state shall be reported within twenty days of
7receiving the gift or bequest to the Iowa ethics and campaign
8disclosure board and the general assembly’s standing committees
9on government oversight, using the board’s internet reporting
10system. The Iowa ethics and campaign disclosure board shall,
11by January 31 of each year, submit to the fiscal services
12division of the legislative services agency a written report
13listing all gifts and bequests received during the previous
14calendar year with a value over one thousand dollars and the
15purpose for each such gift or bequest. The submission shall
16also include a listing of all gifts and bequests received by a
17department from a person if the cumulative value of all gifts
18and bequests received by the department from the person during
19the previous calendar year exceeds one thousand dollars, and
20the Iowa ethics and campaign disclosure board shall include, if
21available, the purpose for each such gift or bequest. However,
22the reports on gifts or bequests filed by the state board of
23regents and the Iowa state fair board pursuant to section 8.44
24shall be deemed sufficient to comply with the requirements of
25this section.
26 Sec. 2. Section 68A.405, subsection 1, paragraph a,
27unnumbered paragraph 1, Code 2019, is amended to read as
28follows:
29For purposes of this subsection section:
30 Sec. 3. Section 68A.405, subsection 1, paragraph a,
31subparagraph (3), Code 2019, is amended to read as follows:
32(3) “Published material” means any newspaper, magazine,
33shopper, outdoor advertising facility, poster, direct mailing,
34brochure, internet site, campaign sign, or any other form of
35printed or electronic general public political advertising.
-1-1“Published material” includes television, video, or motion
2picture advertising, automated telephone calls, or text
3messages.
4 Sec. 4. Section 68A.405, subsection 1, paragraph h, Code
52019, is amended to read as follows:
6h. (1) If Except as provided in subparagraph (2), if the
7published material is the result of an independent expenditure
8subject to section 68A.404, the published material shall
9include a statement that the published material was not
10authorized by any candidate, candidate’s committee, or ballot
11issue committee.
12(2) Published material that is the result of an expenditure
13by a political party, as defined in section 43.2, designed to
14expressly advocate the nomination, election, or defeat of a
15candidate for public office shall include the words “published
16on behalf of” and the name of the political party’s candidate
17for that office.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to political and campaign ethics,
22including the gift-reporting requirements of the executive
23branch and attribution statement requirements on published
24materials.
25Currently, all gifts and bequests received by a department
26or accepted by the governor on behalf of the state are required
27to be reported to the Iowa ethics and campaign disclosure board
28and the general assembly’s standing committees on government
29oversight. Each year, the board is required to submit a report
30to the legislative services agency listing all of the gifts and
31bequests received during the previous year with a value of over
32$1,000 as well as all gifts and bequests a department receives
33from a person if the cumulative value of the gifts and bequests
34from the person to the department exceeds $1,000 during the
35previous calendar year.
-2- 1The bill limits the reporting requirement to gifts and
2bequests with a value of $50 or more. The bill requires the
3recipient reports to the board to be filed electronically
4within 20 days of receiving the gift or bequest using the
5board’s internet reporting system. The bill eliminates
6the filing requirement with the general assembly’s standing
7committees on government oversight.
8Under Code chapter 68A (campaign finance), published
9material designed to expressly advocate the nomination,
10election, or defeat of a candidate for public office or the
11passage or defeat of a ballot issue is required to include an
12attribution statement indicating who is responsible for the
13published material. The bill adds automated telephone calls
14and text messages to the definition of “published material”.
15The bill also requires published material that is published
16by a political party to state that it is published on behalf
17of that party’s candidate for an office if the published
18material expressly advocates the nomination, election,
19or defeat of a candidate for that office. A person who
20violates a provision of Code chapter 68A is subject to civil
21penalties imposed by the Iowa ethics and campaign disclosure
22board, including remedial action, a reprimand, and a civil
23penalty of up to $2,000. In addition, a person who willfully
24violates a provision of Code chapter 68A is guilty of a
25serious misdemeanor. A serious misdemeanor is punishable by
26confinement for no more than one year and a fine of at least
27$315 but not more than $1,875.
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